Florida Statutes

Fla. Stat. § 679.5011 (2025)

Filing office.

✓ 2025 Florida Statutes — current through the 2025 Regular Session

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679.5011 Filing office.—

(1) Except as otherwise provided in subsection (2), the office in which to file a financing statement to perfect a security interest or agricultural lien is:

(a) The office of the clerk of the circuit court, if:

1. The collateral is as-extracted collateral or timber to be cut; or

2. The collateral is goods that are or are to become fixtures and the financing statement is filed as a fixture filing.

(b) The Florida Secured Transaction Registry, in accordance with ss. 679.3011-679.3071, in all other cases, including cases in which the collateral is goods that are or are to become fixtures and the financing statement is not filed as a fixture filing.

(2) The office in which to file a financing statement to perfect a security interest in collateral, including fixtures, of a transmitting utility is the Office of the Secretary of State, or the filing office authorized by s. 679.527 to accept filings for the Florida Secured Transaction Registry. The financing statement also constitutes a fixture filing as to the collateral indicated in the financing statement which is or is to become fixtures.

History.—s. 6, ch. 2001-198; s. 8, ch. 2002-242.

Notes of Decisions

Cited in 6 cases (1 in the last 5 years), 2003–2022 · leading case: In Re John's Bean Farm of Homestead, Inc., 378 B.R. 385 (Bankr. S.D. Florida 2007).

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In Re John's Bean Farm of Homestead, Inc., 378 B.R. 385 (Bankr. S.D. Florida 2007). · cites it 6× “Fla. Stat. § 679.5011 . All financing statements must be filed with Florida’s official filing office, the Florida Secured Transaction Registry (the “Registry”).”

In Re Summit Staffing Polk Cnty., Inc., 305 B.R. 347 (Bankr. M.D. Fla. 2003). · cites it 2× “Fla. Stat. § 679.5011 (1)(b). 4 . The rest of this address is truncated on the copy attached to Ms.”

Mostoller v. Citicapital Com. Corp. (In Re Stetson & Assocs., Inc.), 330 B.R. 613 (Bankr. E.D. Tenn. 2005). “See Fla. Stat. Ann. § 679.5011 (West 2003); Tenn.”

1944 Beach Boulevard, LLC v. Live Oak Banking Co., 50 F.4th 979 (11th Cir. 2022). “(quoting Fla. Stat. § 679.5011 ), and “[a] financing statement must provide three pieces of information to be considered sufficient for perfection: (1) the name of the debtor; (2) the name of the secured party; and (3) a description of the collateral covered by the financing…”

In Re Maison Grande Condo. Ass'n, Inc., 425 B.R. 684 (Bankr. S.D. Florida 2010). · cites it 2× “Fla. Stat. § 679.5011 . In this case, there is no evidence that any such financing statement was ever filed and maintained.”

Off. Comm. of Unsecured Creditors v. Regions Bank (In Re Camtech Precision Mfg., Inc.), 443 B.R. 190 (Bankr. S.D. Florida 2011). · cites it 2× “Fla. Stat. § 679.5011 (l)(b). For New York entities, such as Camtech, perfection of a security interest occurs when a financing statement is filed in the Office of the Secretary of State.”

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